Opinion
February 13, 1996
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
In order to annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support the determination (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135; Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Greenberg v. Cortines, 215 A.D.2d 385). A reviewing court may not weigh the evidence or reject the choice made by the hearing panel where there is conflicting evidence and room for choice exists (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436; Matter of Lawrence v. Weinstein, 181 A.D.2d 888). Moreover, it is for the administrative tribunal, not the courts, to weigh conflicting evidence, assess the credibility of witnesses, and determine which testimony to accept and which to reject (see, Matter of Silberfarb v. Board of Coop. Educ. Servs., 60 N.Y.2d 979; see also, Altsheler v. Board of Educ., 62 N.Y.2d 656).
We reject the petitioner's contention that the determination of the respondent Pine Bush Central School District was not supported by substantial evidence. The extensive testimony and exhibits adduced at the hearing established the facts necessary to sustain the seven specifications of insubordination and conduct unbecoming a teacher stemming from the petitioner's failure to use the established "committee system" of grading her students' 1990 Regents examination, and "communicat[ing] various answers to three different students" during the examination. Furthermore, the penalty of a two year suspension without pay was not so disproportionate to the offenses committed as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., supra; cf., Matter of Carangelo v. Ambach, 130 A.D.2d 898). Mangano, P.J., Miller, Ritter and Pizzuto, JJ., concur.